PROBLEMS ON ENFORCEMENT OF BROADCASTING RIGHT UNDER THAI COPYRIGHT LAW: THE CASE STUDY OF WORLD CUP FINAL 2014

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ภาวิตา ค้าขาย

Abstract

          The main aims of this research are to (1) analyze problems regarding copyright enforcement between RS International Broadcasting and Sport Management (RS) and the National Broadcasting and Telecommunication Commission (NBTC) (2) assess effects of problems occurring to those two organizations by using an intrinsic case study. Sources of information are primary and secondary documents. Research tool used in this study is matrix table. Data was processed by content analysis. The results showed that (1) RS has exclusive license in the finalworld cup 2014 broadcasting in Thailand authorized by FIFA. Thus, the company is certifiedto exercise their rights under Thai Copyright Law while NBTC is the legal authority under Act on Organization to assign Radio Frequency to regulate the Broadcasting and Telecommunications Services B.E. 2553 (2010) (NBTC Act 2010) and other two subordinated legislations which are Must Have Rules and Must Carry Rules. According to these rules, NBTC informed RS to broadcast all 64 matches of the Final World Cup 2014 only through Free TV in order to defend rights of customers to equally and fairly reach information. Abided by the rules, RS’ broadcasting and economic rights were limited. Consequently, the company did not manage its rights as planned. (2) the effects of problems between RS and NBTC were as follows (2.1) RS assessed its loss which cost around 719 million baht and (2.2) Effects on NBTC (a) according to supreme administrative court decision, Must Have Rules of NBTC was the result of unlawful discretion; and (b) NBTC compensated 427 million baht to RS which were criticized by RS and other organizations in aspect of good governance.

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How to Cite
ค้าขายภ. (2018). PROBLEMS ON ENFORCEMENT OF BROADCASTING RIGHT UNDER THAI COPYRIGHT LAW: THE CASE STUDY OF WORLD CUP FINAL 2014. Panyapiwat Journal, 10(3), 258-268. Retrieved from https://www.tci-thaijo.org/index.php/pimjournal/article/view/162491
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Research Article